The emotional stress that comes with a divorce can be heightened when trying to navigate a complex legal system in Texas. Unfortunately, situations such as a contested divorce, can lead to the most intimate details of our relationships being unpacked in a legal setting.
That’s why you need a compassionate family law attorney on your side who is ready to protect your interests. If you and your spouse disagree on certain terms of the divorce, you especially need someone who will guide you through challenging times.
We currently support clients in Katy, Texas who reside in Fort Bend County, with these types of disputed divorces. Learn more about how a contested divorce works in Texas and the advantages of having a local Katy contested divorce lawyer in your corner.
What Can Lead to a Contested Divorce?
Divorce proceedings can be one of the most heartbreaking and stressful experiences you can face. If the discussions around specific terms of the divorce continue to hit roadblocks, the divorce could move toward litigation.
Many couples can work together to complete their divorce without going to court, but there are certain “hot-button issues” that can create a great deal of tension between each party and will require the courts to make a decision. Some of these disputed issues include the following:
- Child custody
- High-net-worth asset distribution
- Spousal maintenance (spousal support)
If you’re in this situation, you need to find a reliable, local divorce lawyer who can help you work through these divorce issues and increase your chances of obtaining a favorable outcome.
What Can Happen During a Contested Divorce?
If the spouses cannot agree on the terms of their divorce, the courts have the authority to decide on any unresolved issues. Like any other type of civil trial, a contested divorce involves both sides obtaining legal representation and presenting their case before a judge.
The legal proceedings may include any of the following:
- Making opening statements
- Submitting evidence
- Presenting witnesses
- Cross-examination
Contested divorces can be laborious, lengthy, and costly. That’s why we recommend that you and your spouse make every attempt to settle your divorce without going to court. You should only pursue litigation as a last resort.
How Are Assets Divided in a High-Net-Worth Divorce?
If you’re in the middle of a high-net-worth divorce, you and your spouse may have a large number of assets and investments that need to be sorted through. This is where things can get more complicated because Texas is a community property state.
In our state, marital property is divided into community and separate property. Any property acquired by the couple throughout the marriage is considered community property, which means that it’s jointly owned and equally shared between both parties. This can apply to real estate, businesses, and any other substantial asset or investment.
Judges can deal with property divisions in many ways, and they don’t always have to split the property into a 50/50 share. They can also decide on a more equitable distribution, which is one they think is more fair.
If you obtained assets, investments, or property before the marriage began, this may be considered “separate property” (which usually means the property solely belongs to you). But there may be some exceptions to this rule, which is where an experienced contested divorce lawyer can help your case.
If you’re involved in this kind of divorce, you should also take the following into careful consideration:
- Whether there’s any separate property that can’t be legally divided.
- Whether you and your spouse signed a prenuptial agreement before the marriage.
- Whether there’s a large income disparity between you and your spouse.
- Whether the other spouse is hiding assets, income, or investments.
- Your plans for the main residence.
- Whether there will be any child custody agreements.
- Whether there will be any child support or alimony payments.
- Whether you need to hire separate business attorneys to help with the valuation of assets and investments.
High-net-worth divorces often involve businesses, foreign assets, bonds, and a number of other complex assets. Some of the assets in question can include the following:
- Life insurance policies
- Trusts
- Retirement accounts
- Patents and intellectual property
- Rights and royalties
- Private and public companies
- Stocks and bonds
- Oil and mineral rights
- Foreign employee benefit plans
- Domestic and foreign real estate
Katy Contested Divorce Lawyer: We Are Here to Help
If you’re looking for a qualified Katy contested divorce lawyer in Fort Bend County to help you with your case, you can rely on our team at Parker & Aguilar. Our seasoned attorneys are experienced with all types of family law matters, including contested divorces.
We will work hard to understand your situation, develop a strategy that supports your top priorities, and fight hard to defend your interests. Let us be your advocate so that you have someone working on your behalf no matter how long it takes to resolve the divorce case.
To get started, contact our local law firm in Fort Bend County at 281-944-5485 to schedule a consultation. We look forward to working side-by-side with you during this difficult time until the divorce is resolved.